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200206320
<br />DEED OF TRUST
<br />Loan No: 773570 (Continued) Page 4
<br />interest of Trustee or Lender under this Dead of Trust, Truster shall defend the action at Theater's nxpensn. Truster may be the
<br />IF n.I party ni such pruceetling, but Lander shall be entitled to participate In the proceeding and to be represented In the proceeding
<br />by c sal of Lander we choice nd Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may
<br />request from time to time to permit such participation.
<br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable
<br />laws, ordinances, and regulations of governmental authorities.
<br />Survival of Representations and Warranties. All representations, warranties, and agreements made by Trustor in this Dead of Trust
<br />shall a ve fie a cotton and delivery of this Dead of Trust, shall he — imposing in nature, and shall remain ar full force and affect
<br />I cash) Tom as Borrower's Indebtedness shall be Paid in fall.
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />Proceedings. If any proceeding in condemnation Is filed, Trustor shall promptly notify Lander in writing, and Trustor shall promptly
<br />take such steps a nay ben .any to defend the action and obtain the award. Trustor may be the nominal party in such
<br />proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own
<br />choice, and Trustor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by
<br />Lender from time to time to permit such participation.
<br />Application of Net Proceeds. If all or any part of the Properly is condemned by eminent domain proceedings or by any proceeding or
<br />purchase in lieu of condemnation. Lender may at its election require that all or any portion of the net proceeds of the award be applied
<br />to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of
<br />all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to govern nentul
<br />taxes, fees and charges are a part of this Deed of Trust
<br />Current Taxes. Fee. and Charges Upon request by Lander, Trustor shall execute such documents in addition to this Deed of Trust
<br />and take whatever other action is requested by Lender to perfect and continue Lender's liars on the goal Property. Trustor shall
<br />imbursa Lander fnr all Taxes, as coresident below, together with all expenses Incurred in recording, perfecting or continuing this Deed
<br />of Trust, Including wlthow limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of
<br />Trust.
<br />Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon
<br />all or any part of the Indebtedness secured by this Deed of Trust; (2) a epeoifio tax on Borrower which Borrower is authorized or
<br />raguircd to deduct from "wee its on the Indebtedness secured by this type of Deed of Trust; 13) a tax on this type of Deed of Trust
<br />chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on
<br />payments of principal and interest made by Borrower.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall
<br />have the same effect as n Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as
<br />provided below unless Trustor either (1) pays the tax before it becomes delinquent, or (2) .ontests the tax as provided above in the
<br />Texas cad Liens section and deposits with Lender cash or a sufficient cnmnrate sanity bond err other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a
<br />part of this Deed of Total'.
<br />Security Agreement. This instrument shall oonsteuta a Security Agreement to the extent any of the Property constitutes fixtures, and
<br />Lender shall have all of Ono rights of a secured party under the Uniform Commercial Code as amended from time to time.
<br />Security Interest. Upon request by Lender, Trustor shall execute financing statements and take whatever other action Is requested by
<br />Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to riagremirs, this Tried of
<br />Trust In the real property records, Lender may, at any time and without further authorization from Trustor, file executed cuumerparts,
<br />copies or mpmductions of this Deed of Trust as a financing statement Trusrnr shall reimburse Lender for all expenses incurred In
<br />perfecting or ontinuing this security interest. Upon default, Trustor shall not remove, sever or detach the Personal Property from the
<br />Property. Upon default, Turner shall assemble any Personal Property not affixed in the Property in a and at a place
<br />reasonably convenient to Trustor and Lender and make it available to Lender within three (3) days after repairs of written demand
<br />from Lender to the extent permitted by applicable law.
<br />Add re Th. railing eddragge, of Truster (debtor) and Lender (secured party) from which information concerning the security
<br />Interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first
<br />page of this Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following Provisions relating to further assurances and attorney -in -tact are a part of
<br />gds Dead of Truss
<br />Further Assurances. At any time, and from time to time, upon rngcest of Lander, Tutelar will make, execute and deliver, or will cause
<br />to he mad., .....Fred or delivered, t. Lander or to Lender's designee, and when requested by Lender, conso to be filed, recorded,
<br />lehletl, o orded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all
<br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, Instruments of
<br />further a certificates, and other documents a may, in the role admen of Lender, benecessary or desirable in order to
<br />offneanalasurnamplem, perfect, cnntmue, or preserve (1) s Borrower's and Truntur's lblil.h.s. under the Note, this Deed of Trust, antl
<br />Oro Related Doc. moots, arid (2) the Ilene and security Interests created by this Deed of Trust as first and prior liens on the Property,
<br />whether now ned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor
<br />shall reimburse Lender for all costs and expenses incurred In connection with the matters inferred to in this paragraph.
<br />Attarneyin -Fact. If Trustor fails to do any of the things referred to In the preceding paragraph. Lordor may do as far and a the name
<br />of Trustor and at Trustor'. oxpanso- For such purposes. Toaster hereby irrevocably appoints Lender as Truster's attorney -in -fact for
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